MADISON, Wis. – In a significant legal victory for environmentalists, the Wisconsin Supreme Court has ruled that state regulators can mandate clean-up efforts for “forever chemicals” known as PFAS, even before they are officially classified as hazardous substances.
Immediate Impact of the Court’s Decision
The court’s 5-2 decision represents a setback for Wisconsin Manufacturers & Commerce, a powerful business group that argued against state intervention without formal hazardous designation. Environmental advocates hailed the ruling as a crucial step toward holding polluters accountable and protecting public health.
The ruling underscores ongoing tensions between environmental regulators and industry groups over the management of PFAS contamination, a pressing issue both within Wisconsin and nationwide.
Key Details Emerge
The case originated when Wisconsin Manufacturers & Commerce, on behalf of Leather Rich, a dry cleaning business in Oconomowoc, challenged the Department of Natural Resources (DNR). Leather Rich was ordered to test its groundwater for PFAS after the DNR classified these chemicals as hazardous in 2019, despite no legislative approval.
“Wisconsin’s Spills Law safeguards human health and the environment in real time by directly regulating parties responsible for a hazardous substance discharge,” wrote Justice Janet Protasiewicz for the majority.
The court ruled that the DNR has the authority to enforce clean-up without prior designation, emphasizing the law’s intent to prevent environmental harm.
Industry Response to the Ruling
Business representatives expressed concerns over the implications of the decision. Scott Manley, a vice president at WMC, criticized the ruling as “unfair” and “unworkable,” arguing that it places undue burdens on businesses to determine hazardous substances independently.
Conversely, Democratic Gov. Tony Evers and environmental advocates celebrated the decision as a historic victory for Wisconsin’s environmental protection efforts.
By the Numbers: PFAS Impact
- PFAS chemicals have been used for decades in products like nonstick cookware and firefighting foam.
- They are linked to health issues including cancer, liver disease, and low birth weight.
- Two-thirds of Wisconsin residents rely on groundwater, which lacks PFAS regulation.
What Comes Next for PFAS Regulation
While the federal government has established national standards for PFAS in drinking water, Wisconsin’s state-level regulations remain less stringent. The DNR’s efforts to draft groundwater standards were halted due to cost concerns, leaving significant gaps in regulatory coverage.
The court’s decision may prompt renewed efforts to strengthen state regulations and encourage other states to follow suit in addressing PFAS contamination proactively.
Expert Analysis and Regional Implications
Rob Lee, an attorney for Midwest Environmental Advocates, emphasized the ruling’s importance for public health, asserting it reinforces long-standing environmental protections in Wisconsin.
The decision may influence similar legal battles across the country, as states grapple with the challenge of regulating emerging contaminants and balancing economic interests with environmental and health priorities.
The ruling represents a pivotal moment in Wisconsin’s environmental policy landscape, setting a precedent for future regulatory actions and legal interpretations of state environmental laws.